payment would not be required from an individual who was entitled to wife's or husband's insurance benefits for the month preceding the month in which the insured individual died.

Subsec. (j) (1). Act Sept. 1, 1954, § 105 (a), substituted the word "twelfth" for "sixth".

Subsec. (m). Act Sept. 1, 1954, § 102(i) (1), added subsec. (m).

Subsec. (n). Act Sept. 1, 1954, § 107, added subsec. (n). 1953-Subsec. (1). Act Aug. 14, 1953, made subsec. applicable to cases of deaths occurring before July 1955. 1950 Subsec. (a). Act Aug. 28, 1950, changed the name of the benefit provided by this subsection from "primary insurance benefit" to "old-age insurance benefit", and continued the conditions under which an individual becomes entitled to the benefits.

Subsec. (b). Act Aug. 28, 1950, continued the conditions required for the wife to be entitled to benefits.

Subsec. (c). Act Aug. 28, 1950, provided benefits for the dependent husband of a female old-age insurance beneficiary who was currently insured at the time of her entitlement to the old-age insurance benefit.

Subsec. (d). Act Aug. 28, 1950, increased the total amount of the family benefits in a survivor family in which there is at least one entitled child by one-fourth of the worker's old-age benefit and restates the circumstances under which a child is deemed dependent upon an individual.

Subsec. (e). Act Aug. 28, 1950, permitted a wife entitled to wife's insurance benefits to become entitled to widow's insurance benefits upon the husband's death without filing a new application.

Subsec. (f). Act Aug. 28, 1950, provided benefits for the dependent widower of a woman who is fully and currently insured at the time of her death.

Subsec. (g). Act Aug. 28, 1950, changed title of widow's current insurance benefits to mother's insurance benefits and provided for payment of such benefits to the divorced wife of a deceased insured worker if she had been receiving at least half her support from the worker, and if she is caring for her son, daughter, or legally adopted child who is receiving benefits on the worker's wage record.

Subsec. (h). Act Aug. 28, 1950, changed the requirement that a parent must have been chiefly dependent upon and supported by the wage earner to the requirement that the parent only need have been receiving one-half his support in order for the parent to be found a dependent.

Subsec. (1). Act Aug. 28, 1950, limited the amount of the lump-sum death payment to three times the worker's primary insurance amount instead of six times the amount.

Subsec. (j). Act Aug. 28, 1950, increased from 3 to 6 the number of months for which benefits may be paid retroactively to individuals who failed to file their applications as soon as they were otherwise eligible. Subsecs. (k), (l). Act Aug. 28, 1950, added subsecs. (k) and (I).

1946 Subsec. (c). Act Aug. 10, 1946, § 402, changed par. (1) to prevent termination of benefits on adoption by a stepparent, grandparent, aunt or uncle and changed par. (3) (C) to omit qualification as to the time of such individual's death and to require the child to be chiefly supported by the stepfather.

Subsec. (f) (1). Act Aug. 10, 1946, § 403 (a), provided that benefit payments to parents are prevented only if the individual leaves a widow or child who could become entitled to benefits and required parents to be chiefly instead of wholly dependent.

Subsec. (g). Act Aug. 10, 1946, § 404 (a), required that a widow or widower must have been living with deceased at time of death to be entitled to a lump sum payment and provided that if there was no such spouse, the payment will be made to the person or persons equitably entitled thereto in the proportion and to the extent that he or they have paid the burial expenses.

Subsec. (h). Act Aug. 10, 1946, § 405 (a), extended the provision for payment of benefits retroactively for three months to the primary beneficiary and provided that retroactive benefits shall be reduced so as not to render erroneous any benefit previously paid.

1939-Act Aug. 10, 1939, amended section generally.

EFFECTIVE DATE OF 1961 AMENDMENT Section 109 of Pub. L. 87-64 provided that: "Except as otherwise provided, the effective date of this title is the first day of the first calendar month which begins on or after the 30th day after the date of the enactment of this Act [June 30, 1961]."

EFFECTIVE DATE OF 1960 AMENDMENTS

Section 201(c) of Pub. L. 86-778 provided that: "The amendments made by this section [to par. (c) and the last sentence of subsec. (d)(1) of this section] shall apply as though this Act had been enacted on August 28, 1958, and with respect to monthly benefits under section 202 of the Social Security Act [this section] for months after August 1958 based on applications for such benefits filed on or after August 28, 1958."

Amendment of subsec. (d)(1) of this section by Pub. L. 86-778 applicable only with respect to benefits under subsec. (d) of this section or section 423 (a) of this title for months after Sept. 1960, in the case of individuals who, without regard to such amendment, would have been entitled to such benefits for Sept. 1960, or for any succeeding month, see section 403 (e) of Pub. L. 86-778, set out as a note under section 422 of this title.

Section 205 (d) of Pub. L. 86-778 provided that: "The preceding provisions of this section and the amendments made thereby [to the opening clauses of subsecs. (d)(1), (e) (1), (f) (1), (g)(1) and (h)(1) of this section] shall apply only in the case of monthly benefits under title II of the Social Security Act [this subchapter] for months after the month in which this Act is enacted [Sept. 1960], on the basis of applications filed in or after such month.” Section 301(b) of Pub. L. 86-778 provided that: "The amendment made by this section [to subsec. (d)(2) of this section] shall apply only with respect to monthly benefits under section 202 of the Social Security Act [this section] for months after the second month following the month in which this Act is enacted [Sept. 1960]."

Amendment of subsec. (d) (3) of this section by Pub. L. 86-778, § 208(d), which added sentence following subpar. (B), applicable (1) with respect to monthly benefits under this subchapter for months beginning with Sept. 1960 on the basis of an application filed in or after such month, and (2) in the case of a lump-sum death payment under this subchapter based on an application filed in or after Sept. 1960, but only if no person, other than the person filing such application, has filed an application for a lump-sum death payment under this subchapter prior to Sept. 13, 1960 with respect to the death of the same individual, see section 208(f) of Pub. L. 86– 778, set out as a note under section 416 of this title.

Section 202(b) of Pub. L. 86-778 provided that: "The amendments made by subsection (a) [which eliminated subpar. (C) of subsec. (d) (3) of this section] shall apply with respect to monthly benefits under section 202 of the Social Security Act [this section] for months beginning with the month in which this Act is enacted [Sept. 1930], but only if an application for such benefits is filed in or after such month."

Section 203(b) of Pub. L. 86-778 provided that: "The amendment made by subsection (a) [to the second and third sentences of subsec. (1) of this section] shall apply

"(1) in the case of the death of an individual occurring on or after the date of the enactment of this Act [Sept. 13, 1960], and

"(2) in the case of the death of an individual occurring prior to such date, but only if no application for a lump-sum death payment under section 202 (1) of the Social Security Act [subsec. (i) of this section] is filed on the basis of such individual's wages and self-employment income prior to the third calendar month beginning after such date."

Section 103 (v) of Pub. L. 86-778 provided that:

"(1) The amendments made by subsection (a) [to last two sentences of subsec. (i) of this section and to notes under this section] shall apply only with respect to reinterments after the date of the enactment of this Act [Sept. 13, 1960]. The amendments made by subsections (b), (e), and (f) to sections 403 (k) and 410 (h), (1) of this title] shall apply only with respect to service performed after 1960; except that insofar as the carrying on of a trade or business (other than performance of serv

ice as an employee) is concerned, such amendments shall apply only in the case of taxable years beginning after 1960. The amendments made by subsections (d), (i), (0), and (p) [adding section 410(a) (18) of this title and section 3121(b) (18) of Title 26 and amending section 418 (b)(1) of this title and section 3121(e) of Title 26] shall apply only with respect to service performed after 1960. The amendments made by subsections (h) and (l) [to section 411(b) of this title and section 1402(b) of Title 26] shall apply only in the case of taxable years beginning after 1960. The amendments made by subsections (c), (n), (q), and (r) [adding sections 3125, 6205(a) (3), 6413(a)(3) and 6413(c) (2) (D), (E) of Title 26, and amending section 410(a) (7) of this title and section 3121(b) (7) of Title 26] shall apply only with respect to (1) service in the employ of the Government of Guam or any political subdivision thereof, or any instrumentality of any one or more of the foregoing wholly owned thereby, which is performed after 1960 and after the calendar quarter in which the Secretary of the Treasury receives a certification by the Governor of Guam that legislation has been enacted by the Government of Guam expressing its desire to have the insurance system established by title II of the Social Security Act [this subchapter] extended to the officers and employees of such Government and such political subdivisions and instrumentalities, and (2) service in the employ of the Government of American Samoa or any political subdivision thereof or any instrumentality of any one or more of the foregoing wholly owned thereby, which is performed after 1960 and after the calendar quarter in which the Secretary of the Treasury receives a certification by the Governor of American Samoa that the Government of American Samoa desires to have the insurance system established by such title II extended to the officers and employees of such Government and such political subdivisions and instrumentalities. The amendments made by subsections (g) and (k) [to section 411 (a) (7), (8) of this title and section 1402(a) (8), (9) of Title 26] shall apply only in the case of taxable years beginning after 1960, except that, insofar as they involve the nonapplication of section 932 of the Internal Revenue Code of 1954 [section 932 of Title 26] to the Virgin Islands for purposes of chapter 2 of such Code and section 211 of the Social Security Act [section 411 of this title], such amendments shall be effective in the case of all taxable years with respect to which such chapter 2 (and corresponding provisions of prior law) and such section 211 [section 411 of this title] are applicable. The amendments made by subsections (j), (s), and (t) [adding section 7213(d) of Title 26, amending subsecs. (1) (last sentence), and (t) (4) (D) of this section and sections 405 (p) (1), 409 (j), 409 (last par.), 410 (1)-(n), 411(a)(6), 415(h) (1), 417(e) (1) and 418 (c) (6) (C) of this title and section 7701(a)(12) of Title 26, and repealing section 419 of this title] shall take effect on the date of the enactment of this Act [Sept. 13, 1950]; and there are authorized to be appropriated such sums as may be necessary for the performance by any officer or employee of functions delegated to him by the Secretary of the Treasury in accordance with the amendment made by such subsection (t) [to section 7701(a) (12) of Title 26].

(2) The amendments made by subsections (c) and (n) [to section 410 (a) (7) of this title and section 3121(b) (7) of Title 26] shall have application only as expressly provided therein, and determinations as to whether an officer or employee of the Government of Guam or the Government of American Samoa or any political subdivision thereof, or of any instrumentality of any one or more of the foregoing which is wholly owned thereby, is an employee of the United States or any agency or instrumentality thereof within the meaning of any provision of law not affected by such amendments, shall be made without any inferences drawn from such amendments.

"(3) The repeal (by subsection (J) (1)) of section 219 of the Social Security Act [section 419 of this title], and the elimination (by subsections (e), (f), (h), (j) (2), and (j) (3)) of other provisions of such Act [from sections 410 (h-j) and 411 (a) (6), (b) of this title] making reference to such section 219 [section 419 of this title], shall

not be construed as changing or otherwise affecting the effective date specified in such section for the extension to the Commonwealth of Puerto Rico of the insurance system under title II of such Act [this subchapter], the manner or consequences of such extension, or the status of any individual with respect to whom the provisions so eliminated are applicable."

Section 47(e) of Pub. L. 86-624 provided that: "The amendment made by section 30(c)(1) [amending subsec. (1) of this section] shall be applicable in the case of deaths occurring on or after August 21, 1959."

Amendment of subsecs. (n) (1), (q) (5), (6) and (t) (7) of this section by Pub. L. 86–778 effective in the manner provided in section 211 (p) and (q) of Pub. L. 86–778, see note under section 403 of this title.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 47(e) of Pub. L. 86-70 provided that: "The amendment made by paragraph (1) of subsection (c) of section 32 [to subsec. (1) of this section] shall apply in the case of deaths occurring on or after January 3, 1959." EFFECTIVE DATE OF 1958 AMENDMENTS

Amendment of subsecs. (b), (c) (1), (d) (1), (f) (1) (D), (g) (1) (F), (h) (1) (B), (k), and (q) (5), (6) of this section by section 205 of Pub. L. 85-840 applicable with respect to monthly benefits under this subchapter for months after August 1958, but only if an application for such benefits is filed on or after Aug. 28, 1958, see section 207 (a) of Pub. L. 85-840, set out as a note under section 416 of this title.

Section 301 (f) of Pub. L. 85-840 provided that: "The amendments made by this section [to subsecs. (c) (2), (3), (e) (3) (B) and (f) (2), (3) of this section, and section 416 (b)—(d), (f), (g) of this title] shall apply with respect to monthly benefits under section 202 of the Social Security Act [this section] for months beginning after the date of enactment of this Act [August 28, 1958], but only if an application for such benefits is filed on or after such date."

Section 306 (b) of Pub. L. 85-840 provided that: "The amendments made by this section [to subsecs. (d) (3)-(6) of this section] shall apply with respect to monthly benefits under section 202 of the Social Security Act [this section] for months beginning after the date of enactment of this Act (August 28, 1958], but only if an application for such benefits is filed on or after such date."

Section 307 (h) (1) of Pub. L. 85-840 provided that: "The amendments made by this section (other than by subsections (f) and (g) [adding subsecs. (d) (6), (e) (4), (f) (4), and (h) (4) to this section]) shall apply with respect to monthly benefits under section 202 of the Social Security Act [this section] for months following the month in which this Act is enacted [August 1958]; except that in any case in which benefits were terminated with the close of the month in which this Act is enacted [August 1958] or any prior month and, if the amendments made by this section had been in effect for such month, such benefits would not have been terminated, the amendments made by this section shall apply with respect to monthly benefits under section 202 of the Social Security Act [this section] for months beginning after the date of enactment of this Act [August 28, 1958], but only if an application for such benefits is filed after such date."

Section 304 (a) (2) of Pub. L. 85-840 provided that: "The amendment made by this subsection [to the opening provisions of subsec. (h) (1) of this section] shall apply with respect to monthly benefits under section 202 of the Social Security Act [this section] for months beginning after the date of enactment of this Act [August 28, 1958], but only if an application for such benefits is filed on or after such date."

Section 305 (c) of Pub. L. 85-840 provided that: "The amendments made by this section [to the first sentence of subsec. (1) of this section, and section 416(h) (3) of this title] shall apply in the case of lump-sum death payments under such section 202(1) [subsec. (1) of this section] on the basis of the wages and self-employment income of any individual who dies after the month in which this Act is enacted [August 1958]."

Amendment of subsec. (m) of this section by Pub. L. 85-840 applicable in the case of monthly benefits under

subchapter II of this chapter for months after December 1958, and in the case of lump-sum death payments under subchapter II of this chapter, with respect to deaths occurring after such month, see section 101 (g) of Pub. L. 85-840, set out as a note under section 415 of this title. Amendment of subsec. (o) by Pub. L. 85-857 effective Jan. 1, 1959, see section 2 of Pub. L. 85-857, set out as a note preceding section 101 of Title 38, Veterans' Benefits. Section 302 of Pub. L. 85-927 provided that: "The amendments made by section 301 of this Act [adding subsec. (t) (4) (E) of this section] shall apply with respect to monthly benefits under section 202 of the Social Security Act [this section] for months after December 1956, and with respect to lump-sum death payments under such section 202 [this section] in the case of deaths occurring after December 1956."

EFFECTIVE DATE OF 1957 AMENDMENT

Section 2 of Pub. L. 85-238 provided that: "The amendments made by the first section of this Act [adding subsec. (t) (4) (D)] shall apply with respect to monthly benefits under section 202 of the Social Security Act [this section] for months after December 1956, and with respect to lump-sum death payments under such section 202 [this section] in the case of deaths occurring after December 1956."

Section 3 (1) of Pub. L. 85-238 provided that:

"(1) Except as provided in paragraph (2), the amendments made by this section [to subsecs. (b), (c), (e)—(h) and (p) of this section and section 416 (h) of this title] shall apply in the case of monthly benefits under section 202 of the Social Security Act [this section] for months after the month in which this Act is enacted [August 1957].

"(2) The amendment made by subsection (f) [to subsec. (h) (1) of this section] shall not apply in the case of benefits under section 202 (h) of the Social Security Act [subsec. (h) of this section], based on the wages and self-employment income of a deceased individual who died in or prior to the month in which this Act is enacted [August 1957] for any parent who files the proof of support, required by such section 202 (h) [subsec. (h) of this section], in or prior to the month in which this Act is enacted [August 1957]; and the amendment to section 216 (h) (1) of such Act [section 416 (h) (1) of this title] made by subsection (h) of this section shall not operate to deprive any such parent of benefits to which he would otherwise be entitled under section 202 (h) of such Act [subsec. (h) of this section]."

EFFECTIVE DATE OF 1956 AMENDMENTS

Section 403 (b) of act Aug. 1, 1956, ch. 837, provided that: "The amendment made by subsection (a) [to subsec. (1) of this section] shall be effective as though it had been enacted on March 31, 1956."

Section 101 (h) of act Aug. 1, 1956, ch. 836, provided that:

For

"(1) The amendments made by this section [to sections 402 (d) (1, 3-5, 6), (h) (1), and 403 (a), (b), (d), (h) of this title], other than subsection (c) [to subsec. (h) (1) of this section], shall apply with respect to monthly benefits under section 202 of the Social Security Act [this section] for months after December 1956, but only, except as provided in paragraph (2), on the basis of an application filed after September 1956. purposes of title II of the Social Security Act, as amended by this Act [this subchapter], an application for wife's, child's, or mother's insurance benefits under such title II filled, by reason of this paragraph, by an individual who was entitled to benefits prior to, but not for, December 1956 and whose entitlement terminated as a result of a child's attainment of age eighteen shall be treated as the application referred to in subsection (b), (d), and (g), respectively, of section 202 of such Act [subsec. (b), (d), and (g) of this section].

"(2) In the case of an individual who was entitled, without the application of subsection (J) (1) of such section 202 [subsec. (1) (1) of this section], to a child's insurance benefit under subsection (d) of such section [subsec. (d) of this section] for December 1956, such amendments shall apply with respect to benefits under such section 202 [this section] for months after December 1956.

"(3) The amendment made by subsection (c) [to subsec. (h) (1) of this section] shall apply in the case of benefits under section 202 (h) of the Social Security Act [subsec. (h) of this section] based on the wages and selfemployment income of an individual who dies after August 1956."

Section 114 (b) of act Aug. 1, 1956, ch. 836, provided that: "The amendment made by subsection (a) [adding subsec. (p) of this section] shall apply in the case of lump-sum death payments under title II of the Social Security Act [this subchapter], and monthly benefits under such title for months after August 1956, based on applications filed after August 1956."

Section 118 (b) of act Aug. 1, 1956, ch. 836, provided that: "The amendment made by subsection (a) [adding subsec. (t) of this section] shall apply in the case of monthly benefits under title II of the Social Security Act [this subchapter] for months after December 1956 and in the case of lump-sum death payments under section 202 (1) of such Act [section 402 (1) of this title] with respect to deaths occurring after December 1956."

EFFECTIVE DATE OF 1954 AMENDMENT

Section 105 (b) of act Sept. 1, 1954, provided that: "The amendment [to subsec. (j) (1)] made by subsection (a) shall be applicable only in the case of applications for monthly benefits under section 202 of the Social Security Act [this section] filed after August 1954; except that no individual shall, by reason of such amendment, be entitled to any benefit for any month prior to February 1954."

EFFECTIVE DATE OF 1950 AMENDMENT

Section 101 (b) (1), (3), of act Aug. 28, 1950, provided that all amendments of the subsections of this section by section 101(a) of act Aug. 28, 1950, shall be effective as of Sept. 1, 1950, except that subsection (j) (2) of this section shall be effective as of Aug. 28, 1950.

EFFECTIVE DATE OF 1946 AMENDMENT

Section 403 (b) of act Aug. 10, 1946, provided that the amendment to subsec. (f) by section 403 (a) of act Aug. 10, 1946, shall be applicable only in cases of applications for benefits under that act filed after December 31, 1946.

Section 404 (b) of act Aug. 10, 1946, provided that the amendment to subsec. (g) by section 404 (a) of act Aug. 10, 1946, shall be applicable only in cases where the death of the insured individual occurs after December 31, 1946. Subsec. 405 (b) of act Aug. 10, 1946, provided that the amendment to subsec. (h) by section 405 (a) of act Aug. 10, 1946, shall be applicable only in cases of applications for benefits filed under sections 401-410 of this title, filed after Dec. 31, 1946.

EFFECTIVE DATE OF 1939 AMENDMENT Amendment of section by act Aug. 10, 1939, was made effective Jan. 1, 1940, by section 201 of act Aug. 10, 1939. SHORT TITLE OF 1961 AMENDMENTS

Section 1 of Pub. L. 87-64 provided: "That this Act [enacting section 1313 of this title, amending this section and sections 303, 403, 409, 413, 414, 415, 416, 418, 423, 1203, 1308 and 1353 of this title, sections 1401, 1402, 3101 and 3111 of Title 26, Internal Revenue Code, and section 228a of Title 45, Railroads, and enacting provisions set out as notes under this section and sections 303, 403, 414, 415, 416 and 1308 of this title and under sections 1401 and 1402 of Title 26] may be cited as the 'Social Security Amendments of 1961.'"'

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health. Education, and Welfare by 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency. and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1. "Administrator" was substituted for "Board" by 1946 Reorg. Plan No. 2. See note under section 902 of this title.

1961 INCREASE IN MONTHLY BENEFITS; EFFECTIVE DATE Section 102(f) of Pub. L. 87-64 provided that:

"(1) The amendments made by subsection (a) [substituting "age 62" for "retirement age" and "retirement age (as defined in section 416(a) of this title)" in subsecs. (a)-(c), (e), (f) and (h) of this section] shall apply with respect to monthly benefits for months beginning on or after the effective date of this title [see effective date note under this section] based on applications filed in or after March 1961.

"(2)(A) Except as provided in subparagraphs (B), (C), and (D), section 202(q) of such Act [subsec. (q) of this section], as amended by subsection (b) (1), shall apply with respect to monthly benefits for months beginning on or after the effective date of this title [see effective date note under this section].

"(B) Section 202(q) (3) of such Act [subsec. (q) (3) of this section], as amended by subsection (b)(1), shall apply with respect to monthly benefits for months beginning on or after the effective date of this title [see note under this section], but only if the increase described in such section 202(q)(3) [subsec. (q)(3) of this section]

"(i) is not effective for any month beginning before the effective date of this title [see effective date note under this section], or

"(ii) is based on an application for a recomputation filed on or after the effective date of this title [see effective date note under this section]

"(C) In the case of any individual who attained age 65 before the effective date of this title [see effective date note under this section], the adjustment in such individual's reduction period provided for in section 202(q) (6) of such Act [subsec. (q) (6) of this section], as amended by subsection (b)(1), shall not apply to such individual unless the total of the months specified in subparagraphs (A), (B), and (C) of such section 202(q)(6) [subsec. (q) (6) of this section] is not less than 3.

"(D) In the case of any individual entitled to a monthly benefit for the last month beginning before the effective date of this title [see effective date note under this section], if the amount of such benefit for any month thereafter is, solely by reason of the change in section 202(q) of such Act [subsec. (q) of this section] made by subsection (b) (1), lower than the amount of such benefit for such last month, then it shall be increased to the amount of such benefit for such last month.

"(3) Section 202 (r) of such Act [subsec. (r) of this section], as amended by subsection (b)(1), shall apply only with respect to monthly benefits for months beginning on or after the effective date of this title [see effective date note under this section], except that subparagraph (B) of section 202(r)(2) [subsec. (r)(2) of this section] (as so amended) shall apply only if the first subsequent month described in such subparagraph (B) is a month beginning on or after the effective date of this title [see effective date note under this section].

"(4) The amendments made by subsection (b) (2) [adding subsec. (a) (3) to section 423 of this title, amending sections 416(i) (2) and 423 (a)(1) of this title, and repealing subsec. (s) of this section] shall take effect on the effective date of this title [see effective date note under this section].

"(5) The amendments made by subsection (b) (3) [to subsec. (j) (3) of this section] shall apply with respect to applications for monthly benefits filed on or after the effective date of this title [see effective date note under this section].

"(6) The amendments made by subsections (c) and (d) (1) and (2) [amending sections 409(1), 413(a), 415 (a) (4), (b) (3), 416 (b), (c), (f), (g), (1)(3)(A), and 423 (a) (2), (c) (1) (A) of this title, and repealing subsec. (a) of section 416 of this title] shall apply with respect to

"(A) monthly benefits for months beginning on or after the effective date of this title [see effective date note under this section] based on applications filed in or after March 1961, and

"(B) lump-sum death payments under title II of the Social Security Act [this subchapter] in the case of deaths on or after the effective date of this title [see effective date note under this section].

(d) (3)

"(7) The amendment made by subsection [adding subsec. (f) (7) to section 415 of this title] shall take effect on the effective date of this title [see effective date note under this section].

"(8) The amendments made by subsection (e) [to subsecs. (b) (1), (2), (c) (1), (3) of this section] shall apply with respect to monthly benefits for months beginning on or after the effective date of this title [see effective date note under this section].

"(9) For purposes of this subsection, the term 'monthly benefits' means monthly insurance benefits under title II of the Social Security Act [this subchapter]."

1961 INCREASE IN WIDOW's, WIDOWER'S, AND PARENT'S INSURANCE BENEFITS; EFFECTIVE DATE

Section 104(e) of Pub. L. 87-64 provided that: "The amendments made by this section [to subsecs. (e) (1), (2), (f) (1), (3), and (h) (1), (2) of this section] shall apply with respect to monthly benefits under section 202 of the Social Security Act [this section] for months beginning on or after the effective date of this title [see effective date note under this section]."

PROHIBITION ON REDUCTION OF BENEFITS FOR CERTAIN PERSONS DEEMED TO BE WIFE, HUSBAND, WIDOW, WIDOWER, CHILD, OR STEPCHILD

Section 208(e) of Pub. L. 86-778 provided that: "Where

"(1) one or more persons were entitled (without the application of section 202(1)(1) of the Social Security Act [subsec. (j) (1) of this section]) to monthly benefits under section 202 of such Act [this section] for the month before the month in which this Act is enacted [Sept. 1960] on the basis of the wages and selfemployment income of an individual; and

"(2) any person is entitled to benefits under subsection (b), (c), (d), (e), (f), or (g) of section 202 of the Social Security Act [subsec. (b), (c), (d), (e), (f), or (g) of this section] for any subsequent month on the basis of such individual's wages and selfemployment income and such person would not be entitled to such benefits but for the enactment of this section; and

"(3) the total of the benefits to which all persons are entitled under section 202 of the Social Security Act [this section] on the basis of such individual's wages and self-employment income for such subsequent month is reduced by reason of the application of section 203 (a) of such Act [section 403 (a) of this title], then the amount of the benefit to which each person referred to in paragraph (1) of this subsection is entitled for such subsequent month shall not, after the application of such section 203 (a) [section 403 (a) of this title], be less than the amount it would have been (determined without regard to section 301 [section 501 of this title]) if no person referred to in paragraph (2) of this subsection was entitled to a benefit referred to in such paragraph for such subsequent month on the basis of such wages and self-employment income of such individual." PROHIBITION ON REDUCTION OF BENEFITS TO WIDOW, WIDOWER, OR PARENT IN CERTAIN CASES WHERE FAMILY MAXIMUM APPLIES

Section 301 (c) of Pub. L. 86-778 provided that: "Where

"(1) one or more persons were entitled (without the application of section 202(j) (1) of the Social Security Act [subsec. (j) (1) of this section]) to monthly benefits under section 202 of such Act [this section] for the second month following the month in which this Act is enacted Sept. 1960] on the basis of the wages and self-employment income of a deceased individual (but not including any person who became so entitled by reason of section 208 of this Act [section 408 of this title]); and

"(2) no person, other than (i) those persons referred to in paragraph (1) of this subsection (ii) those persons who are entitled to benefits under section 202 (d), (e), (f), or (g) of the Social Security Act [subsecs. (d), (e), (f), or (g) of this section] but would not be so entitled except for the enactment of section 208 of this Act [section 408 of this title], is entitled to benefits under such section 202 [this section] on the basis of

such individual's wages and self-employment income for any subsequent month or for any month after the second month following the month in which this Act is enacted [Sept. 1960] and prior to such subsequent month; and

"(3) the total of the benefits to which all persons referred to in paragraph (1) of this subsection are entitled under section 202 of the Social Security Act [this section] on the basis of such individual's wages and self-employment income for such subsequent month exceeds the maximum of benefits payable, as provided in section 203 (a) of such Act [section 403 (a) of this title], on the basis of such wages and selfemployment income,

then the amount of the benefit to which each such person referred to in paragraph (1) of this subsection is entitled for such subsequent month shall be determined

"(4) in case such person is entitled to benefits under section 202 (e), (f), (g), or (h) [subsecs. (e), (f), (g), or (h) of this section], as though this section and section 208 [section 408 of this title] had not been enacted, or

"(5) in case such person is entitled to benefits under section 202(d) [subsec. (d) of this section], as though (1) no person is entitled to benefits under section 202 (e), (f), (g), or (h) [subsecs. (e), (f), (g), or (h) of this section] for such subsequent month, and (ii) the maximum of benefits payable, as described in paragraph (3), is such maximum less the amount of each person's benefit for such month determined pursuant to paragraph (4)."

PROHIBITION ON REDUCTION OF BENEFITS BECAUSE OF PARENT'S ENTITLEMENT

Section 304 (b) of Pub. L. 85-840 provided that: "Where

"(1) one or more persons were entitled (without the application of section 202 (j) (1) of the Social Security Act [subsec (j) (1) of this section]) to monthly benefits under section 202 of such Act [this section] for the month in which this Act is enacted [August 1958] on the basis of the wages and self-employment income of an individual; and

"(2) a person is entitled to a parent's insurance benefit under section 202 (h) of the Social Security Act [subsec. (h) of this section] for any subsequent month on the basis of such wages and self-employment income and such person would not be entitled to such benefit but for the enactment of this section; and

"(3) the total of the benefits to which all persons are entitled under section 202 of the Social Security Act [this section] on the basis of such wages and self-employment income for such subsequent month are reduced by reason of the application of section 203 (a) of such Act [section 403 (a) of this title]. then the amount of the benefit to which each such person referred to in paragraph (1) of this subsection is entitled for such subsequent month shall be increased, after the application of such section 203 (a) [section 403 (a) of this title], to the amount it would have been if no person referred to in paragraph (2) of this subsection was entitled to a parent's insurance benefit for such subsequent month on the basis of such wages and self-employment income."

SAVING CLAUSE; WIDOW'S, WIDOWER'S AND PARENT'S

BENEFITS

Section 104(f) of Pub. L. 87-64 provided that: "Where

"(1) two or more persons were entitled (without the application of subsection (1) (1) of section 202 of the Social Security Act [subsec. (j) (1) of this section]) to monthly benefits under such section 202 [this section] for the last month beginning before the effective date of this title [see effective date note under this section] on the basis of the wages and self-employment income of a deceased individual, and one or more of such persons is entitled to a monthly insurance benefit under subsection (e), (f), or (h) of such section 202 [subsec. (e), (f), or (h) of this section] for such last month; and

"(2) no person, other than the persons referred to in paragraph (1) of this subsection, is entitled to bene

fits under such section 202 [this section] on the basis of such individual's wages and self-employment income for a subsequent month or for any month after such last month and before such subsequent month; and

"(3) the total of the benefits to which all persons are entitled under such section 202 [this section] on the basis of such individual's wages and self-employment income for such subsequent month is reduced by reason of the application of section 203 (a) of such Act [section 403 (a) of this title],

then the amount of the benefit to which each such person referred to in paragraph (1) of this subsection is entitled for such subsequent month shall be determined without regard to this Act if, after the application of this Act, such benefit for such month is less than the amount of such benefit for such last month. The preceding provisions of this subsection shall not apply to any monthly benefit of any person for any month beginning after the effective date of this title [see effective date note under this section] unless paragraph (3) also applies to such benefit for the month beginning on such effective date (or would so apply but for the next to the last sentence of section 203 (a) of the Social Security Act [section 403 (a) of this title])."

BENEFITS OF PARENT, WIDOW, WIDOWER, OR MOTHER; SAVINGS

CLAUSE

Section 5 of Pub. L. 85-238 provided that: "Where

"(a) one or more persons were entitled (without the application of section 202(1)(1) of the Social Security Act [subsec. (j) (1) of this section]) to parents' insurance benefits under section 202 (h) of such Act [subsec. (h) of this section] for the month in which this Act [August 1957] is enacted on the basis of the wages and self-employment income of an individual;

"(b) a person becomes entitled to a widow's, widower's or mother's insurance benefit under section 202(e), (f), or (g) of the Social Security Act [subsec. (e), (f), or (g) of this section] for any subsequent month on the basis of such wages and self-employment income;

"(c) the total of the benefits to which all persons are entitled under section 202 of the Social Security Act [this section], on the basis of such wages and selfemployment income for such subsequent month are reduced by reason of the application of section 203(a) of such Act [section 403 (a) of this title];

then the amount of the benefit to which each such person referred to in paragraph (a) or (b) is entitled for such subsequent month shall be increased, after the application of such section 203 (a) [section 403 (a) of this title], to the amount it would have been

"(d) if, in the case of a parent's insurance benefit, the person referred to in paragraph (b) was not entitled to the benefit referred to in such paragraph, or

"(e) if, in the case of a benefit referred to in paragraph (b), no person was entitled to a parent's insurance benefit for such subsequent month on the basis of such wages and self-employment income."

PROOF OF SUPPORT BY HUSBAND OR WIDOWER IN CERTAIN CASES

Section 113 of act Sept. 1, 1954, provided that: "(a) For the purpose of determining the entitlement of any individual to husband's insurance benefits under subsection (c) of section 202 of the Social Security Act [subsec. (c) of this section] on the basis of his wife's wages and self-employment income, the requirements of paragraph (1) (D) of such subsection shall be deemed to be met if

"(1) such individual was receiving at least one-half of his support, as determined in accordance with regulations prescribed by the Secretary of Health, Education, and Welfare, from his wife on the first day of the first month (A) for which she was entitled to a monthly benefit under subsection (a) of such section 202 [subsec. (a) of this section], and (B) in which an event described in paragraph (1) or (2) of section 203 (b) of such Act [section 403(b) of this title] (as in effect before or after the enactment of this Act [Sept. 1, 1954]) did not occur.

"(2) such individual has filed proof of such support within two years after such first month, and